Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35145

certification, record keeping, and

reporting requirements for certain

coating facilities using control devices.

Adopted by the Indiana Air Pollution

Control Board November 6, 1996. Filed

with the Secretary of State April 22,

1997. Published at Indiana Register,

Volume 20, Number 9, June 1, 1997.

Effective May 22, 1997.

(B) 326 IAC 8–5–5 Graphic arts

operations. Adopted by the Indiana Air

Pollution Control Board November 6,

1996. Filed with the Secretary of State

April 22, 1997. Published at Indiana

Register, Volume 20, Number 9, June 1,

1997. Effective May 22, 1997.

[FR Doc. 98–17122 Filed 6–26–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA–4071a; FRL–6104–4]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Approval of VOC RACT

Determinations for Individual Sources

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the Commonwealth of

Pennsylvania. This revision establishes

and requires volatile organic

compounds (VOC) reasonably available

control technology (RACT) for eight (8)

major sources located in Pennsylvania.

The intended effect of this rule is to

approve source-specific plan approvals

and operating permits that establish the

above-mentioned RACT requirements in

accordance with the Clean Air Act. This

action is being taken under section 110

of the Clean Air Act.

DATES: This final rule is effective August

28, 1998 unless the Agency receives

adverse comment by July 29, 1998.

Should the Agency receive adverse or

critical comments it will publish a

timely withdrawal in the Federal

Register informing the public that this

rule will not take effect.

ADDRESSES: Comments may be mailed to

David Campbell, Air Protection

Division, Mailcode 3AP11, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air Protection Division,

U.S. Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107; the

Air and Radiation Docket and

Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460; Pennsylvania

Department of Environmental

Protection, Bureau of Air Quality

Control, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

David Campbell, (215) 566–2196, at the

EPA Region III office or via e-mail at

campbell.dave@epamail.epa.gov. While

information may be requested via email, any comments must be submitted

in writing to the above Region III

address.

SUPPLEMENTARY INFORMATION: On April

16, 1996 and March 24, 1998, the

Commonwealth of Pennsylvania

submitted formal revisions to its State

Implementation Plan (SIP). Each source

subject to this rulemaking will be

identified and discussed below. Any

plan approvals and operating permits

submitted coincidentally with those

being approved in this document, and

not identified below, will be addressed

in a separate rulemaking action.

Pursuant to sections 182(b)(2) and

182(f) of the Clean Air Act (CAA),

Pennsylvania is required to implement

RACT for all major VOC and NOX

sources by no later than May 31, 1995.

The major source size is determined by

its location, the classification of that

area and whether it is located in the

ozone transport region (OTR), which is

established by the CAA. The

Pennsylvania portion of the

Philadelphia ozone nonattainment area

consists of Bucks, Chester, Delaware,

Montgomery, and Philadelphia Counties

and is classified as severe. The

remaining counties in Pennsylvania are

classified as either moderate or marginal

nonattainment areas or are designated

attainment for ozone.

However, under section 184 of the

CAA, at a minimum, moderate ozone

nonattainment area requirements

(including RACT as specified in

sections 182(b)(2) and 182(f)) apply

throughout the OTR. Therefore, RACT is

applicable statewide in Pennsylvania.

The Pennsylvania submittals that are

the subject of this document are meant

to satisfy the RACT requirements for

eight (8) sources in Pennsylvania.

Summary of SIP Revision

The details of the RACT requirements

for the source-specific plan approvals

and operating permits can be found in

the docket and accompanying technical

support document (TSD) and will not be

reiterated in this document. Briefly,

EPA is approving a revision to the

Pennsylvania SIP pertaining to the

determination of RACT for eight (8)

major sources. Several of the operating

permits contain conditions irrelevant to

the determination of VOC RACT.

Consequently, these provisions are not

being included in this approval for

source-specific VOC RACT.

RACT Determinations

The following table identifies the

individual operating permits EPA is

approving. The specific emission

limitations and other RACT

requirements for these sources are

summarized in the accompanying

technical support document, which is

available upon further request from the

EPA Region III office listed in the

ADDRESSES section of this document.

PENNSYLVANIA.—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES

Source County

Plan approval (PA

#) operating

permit (OP

#) compliance permit

(CP #)

Source type ‘‘Major source’’ pollutant

The Fibre-Metal Products Company.Delaware ............................ 23–0025 Miscellaneous manufacturing

(safety products).

VOC

Finnaren & Haley, Inc ................... Montgomery ....................... 46–0070 Paint manufacturing .................... VOC

Fres-co System USA, Inc ............. Bucks .................................. 09–0027 Graphic arts ................................. VOC

Graphic Packaging Corp .............. Chester ............................... 15–0013 Graphic arts ................................. VOC
35146 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

PENNSYLVANIA.—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES—Continued

Source County

Plan approval (PA

#) operating

permit (OP

#) compliance permit

(CP #)

Source type ‘‘Major source’’ pollutant

Montour Oil Service Company ..... Lycoming ............................ 41–0013 Petroleum storage and distribution terminal.VOC

Atlantic Refining and Marketing

Corporation.

Northumberland .................. 49–0015 Petroleum storage and distribution terminal.VOC

Transwall Corp ............................. Chester ............................... 15–0025 Graphic arts ................................. VOC

Tavo Packaging, Inc ..................... Bucks .................................. 09–0008 Miscellaneous manufacturing (office furniture).VOC

EPA is approving this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the rule should

adverse or critical comments be filed.

This rule will be effective August 28,

1998 without further notice unless the

Agency receives relevant adverse

comments by July 29, 1998.

If EPA receives such comments, then

EPA will publish a document

withdrawing the final rule and

informing the public that the rule did

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. EPA will not institute a

second comment period on the

proposed rule. Only parties interested in

commenting on this rule should do so

at this time. If no such comments are

received, the public is advised that this

rule will be effective on August 28, 1998

and no further action will be taken on

the proposed rule. If adverse comments

are received that do not pertain to all

paragraphs subject to this rule, those

paragraphs not affected by the adverse

comments will be finalized in the

manner described here. Only those

paragraphs that receive adverse

comments will be withdrawn in the

manner described here.

Final Action

EPA is approving eight (8) operating

permits as VOC RACT for eight (8)

individual sources.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates Act

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. Section 804,

however, exempts from section 801 the

following types of rules: rules of

particular applicability; rules relating to

agency management or personnel; and

rules of agency organization, procedure,

or practice that do not substantially

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). EPA is

not required to submit a rule report
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35147

regarding today’s action under section

801 because this is a rule of particular

applicability.

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by August 28, 1998.

Filing a petition for reconsideration by

the Regional Administrator of this final

rule does not affect the finality of this

rule for the purposes of judicial review

nor does it extend the time within

which a petition for judicial review may

be filed, and shall not postpone the

effectiveness of such rule or action. This

action to approve VOC RACT

determinations for a number of

individual sources in Pennsylvania as a

revision to the Commonwealth’s SIP

may not be challenged later in

proceedings to enforce its requirements.

(See section 307(b)(2).)

F. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks. Executive Order 13045 (62 FR

19885, April 23, 1997), applies to any

rule that is (1) likely to be

‘‘economically significant’’ as defined

under Executive Order 12866, and (2)

the Agency has reason to believe that

the environmental health or safety risk

addressed by the rule may have a

disproportionate effect on children. If a

regulatory action meets both criteria, the

Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to E.O. 13045,

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks’’ because this is not an

‘‘economically significant’’ regulatory

action as defined by E.O. 12866, and

because it does not involve decisions on

environmental health or safety risks that

may disproportionately affect children.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: May 13, 1998.

William Wisniewski,

Acting Regional Administrator, Region III.

40 CFR part 52, is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart NN—Pennsylvania

2. Section 52.2020 is amended by

adding paragraph (c)(132) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(132) Revisions to the Pennsylvania

Regulations, Chapter 129.91 pertaining

to VOC RACT, submitted on April 16,

1996 and March 24, 1998 by the

Pennsylvania Department of

Environmental Protection.

(i) Incorporation by reference.

(A) Two (2) letters submitted by the

Pennsylvania Department of

Environmental Protection transmitting

source-specific VOC RACT

determinations in the form of operating

permits on the following dates: April 16,

1996 and March 24, 1998.

(B) Operating permits (OP):

(1) The Fibre-Metal Products

Company (Delaware County), OP 23–

0025, effective February 20, 1998,

except for the expiration date and

conditions Nos. 16 and 17 relating to

non-RACT provisions.

(2) Finnaren & Haley, Inc.

(Montgomery County), OP 46–0070,

effective March 5, 1998, except for the

expiration date and conditions Nos. 13

and 15 relating to non-RACT provisions.

(3) Fres-co System USA, Inc. (Bucks

County), OP 09–0027, effective March 5,

1998, except for the expiration date and

conditions No. 22 relating to non-RACT

provisions.

(4) Graphic Packaging Corporation

(Chester County), OP 15–0013, effective

February 28, 1998, except for the

expiration date and conditions Nos. 19

and 20 relating to non-RACT provisions.

(5) Montour Oil Service Company

(Lycoming County), OP 41–0013,

effective March 19, 1998, except for the

expiration date and conditions Nos. 7

and 9 relating to non-RACT provisions.

(6) Atlantic Refining and Marketing

Corporation (Northumberland County),

OP 49–0015, effective March 19, 1998,

except for the expiration date and

conditions Nos. 8 and 10 relating to

non-RACT provisions.

(7) Transwall Corporation (Chester

County), OP 15–0025, effective March

10, 1998, except for the expiration date

and conditions Nos. 15, 19, and 21

relating to non-RACT provisions.

(8) Tavo Packaging, Inc. (Bucks

County), OP 09–0008, effective

November 8, 1995 except for the

expiration date and condition No. 7

relating to non-RACT provisions.

(ii) Additional material.

(A) Remainder of the Commonwealth

of Pennsylvania’s April 16, 1996 and

March 24, 1998 VOC and NOX RACT

SIP submittals for the relevant sources.

(B) Additional clarifying material

submitted by Pennsylvania: Letter dated

March 24, 1998 from James M. Seif,

Secretary, Pennsylvania Department of

Environmental Protection providing

additional information on Tavo

Packaging, Inc.

[FR Doc. 98–17117 Filed 6–26–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 148, 268, and 271

[FRL–6115–4]

RIN 2050–AD79

Organobromine Production Wastes;

Identification and Listing of Hazardous

Waste; Land Disposal Restrictions:

Listing of CERCLA Hazardous

Substances, Reportable Quantities;

Final Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Technical amendment.

SUMMARY: On May 4, 1998, EPA

published regulations listing two

organobromine production wastes as

hazardous. It also set land disposal

restrictions prohibitions and treatment

standards for those wastes. This

document corrects purely technical

errors in the final regulations.

EFFECTIVE DATE: This rule is effective on

June 29, 1998.

ADDRESSES: Supporting materials for the

final rule are available for viewing in

the RCRA Information Center (RIC),

located at Crystal Gateway One, 1235

Jefferson Davis Highway, First Floor,

Arlington, VA. The Docket

Identification Number is F–98–OBLF–

FFFFF. The RCRA Docket is open from

9 a.m. to 4 p.m. Monday through Friday,

except for Federal holidays. The public

must make an appointment to review

docket materials by calling (703) 603–

9230. The public may copy a maximum

of 100 pages from any regulatory

document at no cost. Additional copies

cost $0.15 per page.

FOR FURTHER INFORMATION CONTACT: For

general information contact the RCRA

Hotline at (800) 424–9346 (toll free) or

(703) 920–9810 in the Washington, DC